Bootstrapping India
Main Page       Feedback? MehtaRahulC@yahoo.com



Draft   to   enact   procedure  
PREZ.01   ---   Procedure to recall the CM





 
Procedure to Recall CM --- Section   1   :   Preamble
  The Act is to create an administrative procedure, using which, citizens can elect the CM, and more importantly expel him and replace him with someone else before his term ends.

Section   2   : Appointments of senior officers
2.1 [Person responsible for this procedure/directive: CM, Purpose: Appointment of senior officers] Within 2 days after passing this law, the CM will select 1 person, and appoint him as the Registrar of the State.

Section   3   : Election of CM
3.1 Every 4 years, at a pre-determined date as determined by the State Assembly, the Registrar will conduct an election in the State, where any citizen of India above 21 can register himself as a candidate after paying a deposit of Rs 200,000 or as decided by State Assembly.
3.2 The Registrar will randomly select 10 symbols at random from a list of 5000 symbols approved by the Assembly, and will allow the candidate to chose any one. If the candidate had been a candidate in previous election of the CM, the Registrar will allow him to keep the same symbol.
3.3 The Registrar will allow every citizen to decide 2 of the candidates. The Registrar will declare candidates who has obtained highest number of votes as winner, and ALL MLAs will vote for him as the CM for a term of 4 years, after he has read the oath before 12 citizens chosen at random from the State. The oath will consist of reading the following contract :

      The Contract with the Citizens

    1. I agree to serve the citizens and NOT the officers, Representatives, Ministers, regulators and judges.

    2. I believe that the citizens create the State and the Legitimacy of the State, not the Representatives, Ministers, officers, regulators or judges. Therefore, I believe that citizens own the State, not the Representatives, Ministers, officers, regulators or judges. And so, I truly believe that the law as interpreted by citizens comes above the law as interpreted by the Representatives, Ministers, officers, regulators or judges.

    3. In case of dispute about expelling me from the service, I will accept decision of the Citizen-Jurors of the State. I promise that I would resign if over 8 out 12 Jurors declare me misfit. I promise that if I am expelled by the Jurors, I will not complaint before a judge or CM or Minister or anyone else.

      __________________________
      (sign)

3.4 The Registrar will refund the deposits of those who have obtained over 15% of the votes. Those who obtaibed less than 15%, the Registrar will refund the proportionate deposits (eg those who got 5% of votes will get 1/3rd back).

Section   4   : Replacement of the CM
4.1 [Person responsible for this procedure: Registrar; Purpose: allowing a citizen to be candidate for CM] Any citizen of India who wants citizensí Approval for the position of CM can register himself with the Registrar. The Registrar will charge a deposit of Rs 10000 and a monthly fee Rs 500 per month. There will be no fee after over 5% of ALL citizens have approved the candidate.
4.2 [Person responsible for this procedure/directive: Registrar, Registrarís clerks] A citizen residing in the State can present his ID and specify the serial numbers of (at most 5) candidates he Approves for the position of CM. The clerk will enter the requests in the systems and give the receipt to the citizen. The citizen to change his choices any day any month.
4.2 [Person responsible for this procedure/directive: Registrar] The clerk may charge a fee of Rs 2 to Rs 5 to the citizen.
4.3 [Person responsible for this procedure/directive: Registrar] The citizen can withdraw his Approvals any day. There will be no fee from withdrawing the Approvals.
4.4 [Person responsible for this procedure/directive: Registrar ; Purpose: Replacement of CM] If any candidate is approved by highest number of citizen-voters, over 51% of ALL citizen-voters of the State and has 2% more Approvals than existing CM, the Registrar will request the MLAs to expel the existing CM and appoint the candidate as new CM, after he has read his oath before 12 citizens of the State chosen at random by the Registrar.
4.5 [Person responsible for this procedure/directive: Registrar ; Purpose:] Word "citizen" in the context of Approval, means citizen above 18 and registered voter resident in the State.

Section   5   : Other Details
5.1 The rupee amount used in this text uses July-2000 price levels. The Assembly can adjust the amounts every six months using RBIís Inflation Index.
5.2 If the officer does not execute a procedure or ignores an instruction stated in this Resolution/Act, a citizen can file a complaint before the Grand Jurors. In case there are is no Grand Jury, the citizens can appeal to the CM to setup a Grand Jury. But under this law, a citizen cannot complaint before CM, Corporators, CM, MLAs, PM, or MPs.
5.3 The Jurors will judge this Act, guidelines, intentions as well as the facts related to the case


-----------------(end of the draft) -----------------